Previous Issues

I have recently returned from London where CLEAR hosted its Second International Congress on Professional and Occupational Regulation. It was an honor to welcome 100 professional and occupational regulators from across Europe, North America and Australia to London and to see firsthand the variety of innovative approaches employed by my international colleagues in our shared mission to protect the public. It is particularly gratifying to serve as CLEAR’s President at this time of international expansion and outreach, and to see the organization recognized for its unique role in promoting regulatory excellence across borders, professions and occupations. An overview of the London Congress is now available, with PowerPoint presentations from the event available to CLEAR Members and meeting attendees.

The Iowa Supreme Court's Office of Professional Regulation is proposing changes affecting disciplinary policies for lawyers. One change would allow lawyers to consent to a license suspension when the facts of a case are undisputed rather than going through a formal proceeding, in essense, as critics claim, allowing lawyers to keep allegations confidential. Another proposed change would allow the assistant director of the Attorney Disciplinary Board the authority to dismiss cases viewed as frivolous or lacking in detail, without oversight from others. The changes will be considered at an administrative conference on August 24.

In the wake of recent media reports uncovering abuse of patients at an elderly care home, the Department of Health in the UK has announced that a review of quality and regulation in social care will be undertaken. The review is expected to look into the standards of care homes, healthcare workers, and home-help services and the way they are monitored. Separately, the Care Quality Commission, the UK's super-regulator of social care, will publish a report on all 24 of the properties under the management of the company that was exposed in the media reports.

A report from South Carolina's Legislative Audit Council has expressed concern at the contract management processes in place at the state's Department of Labor, Licensing and Regulation, suggesting the agency spent more than $2.1 million for a computer system that was never satisfactorily installed. Other findings were that on several occasions unauthorized staff made changes to the contract, spending in excess of $400,000 on unauthorized services. In addition, the report found the agency spent almost $200,000 on maintenance fees for the uninstalled system.

A federal court has ruled that Louisiana's law, restricting the sale of “funeral merchandise,” including caskets, to licensed funeral directors is unconstitutional. In the ruling, Stanwood Duval of U.S. District Court for the Eastern District of Louisiana stated, “Simply put, there is nothing in the licensing procedures that bestows any benefit to the public in the context of the retail sale of caskets. The license has no bearing on the manufacturing and sale of coffins. It appears that the sole reason for these laws is the economic protection of the funeral industry which reason the Court has previously found not to be a valid government interest standing alone to provide a constitutionally valid reason for these provisions.”

Maine's Elevator and Tramway Safety Board has called for the licensing of chairlift mechanics, following the derailment of a chairlift at the state's Sugarloaf Mountain Resort in December 2010, an incident that saw eight skiers hospitalized. While the licensure of elevator mechanics is common, Maine would be the first state to license chairlift mechanics if the call were heeded.

The United Kingdom Solicitors Regulation Authority (SRA) is moving to a new regulatory system later this year, focused on required outcomes rather than codes of ethics and conduct. Those affected by the scheme will have to demonstrate compliance to the regulator, which will have the power to fine and "name and shame" those not judged to be meeting the requirements. In literature outlining the new scheme, the SRA notes that outcomes-focused regulation "is quite different from the traditional rules-based approach to regulation in the legal services industry. It seeks to eliminate detailed rules in favour of rather broadly described outcomes, and allows firms flexibility to decide how to achieve outcomes. The outcomes, however, are mandatory." The new system is set to be introduced on October 6, 2011.

Illinois Governor Pat Quinn has signed into law House Bill 1271, which prevents anyone required to register as a sex offender, or with a conviction for a sexual criminal act, criminal battery against a patient, or any other forcible felony, from receiving a health care license. Following a conviction, the license will be permanently revoked without a hearing. The law also provides that prosecutors must immediately provide the Department of Health with the details of any one accused of these offences. Within five business days an administrative order must be issued, requiring the accused to practice only with a chaperone (who must be a licensed health care worker) present for all patient encounters. This arrangement will remain in place pending the completion of criminal proceedings. The new law takes effect in 30 days.

A report, "High Quality Women's Health Care: A proposal for change," by the UK Royal College of Obstetricians and Gynecologists states that as many as one-third of women should give birth outside of the traditional hospital setting, either at home or at midwife-led centers. The report suggests that doctor's care in a hospital should be reserved for women at high risk for complications.More

Meanwhile, the Royal College of Midwives in the UK urges government action to deal with a shortage of midwives, which has reached almost 5,000 due in part to the 2.4% increase in the birth rate in the alst year.More

There are indications that the oversight of doctors in Delaware has improved in response to legislative reform after the Bradley case. Since that case, laws have been enacted, for example:

- increasing fines and possible revocation for practitioners who don't report suspected misconduct by a doctor

- making doctors' disciplinary hearings public

- making it easier for the board to order emergency suspensions

The state's ranking for doctor discipline in a survey by the Public Citizen's Health Research Group jumped from 35th to 13th. The number of complaints against doctors increased from 148 in 2009 to 255 in 2011. According to the Division of Professional Regulation, much of this increase is attributed to increased education to practitioners about their duty to report.